All Comments

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures including follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments.

The Committee takes due note of the Government’s indications, in reply to the Committee previous request, that it is committed to taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to Anguilla. The Committee understands that the current national practice for the extension of treaties, including ILO Conventions, is that the authorities in the non-metropolitan territory would first make a request of an extension of the application of the Convention to the department of the Government with responsibility for the instrument in question. The Committee recalls the availability of technical assistance in this respect and requests the Government to provide information on any requests made by Anguilla to extend the application of Convention No. 81 to the territory.

Legislation, organization of the labour inspection system and resources. The Committee notes the Government’s indication, in reply to its previous comment, that at present the Labour Department is composed of nine members, including one senior labour inspector and one labour inspector. The Government adds that although the new organizational chart includes three additional positions, including another Labour Inspector and a Compliance Manager, these positions have not been filled due to budgetary constraints. The Committee further notes the Government’s indication that the Draft (Welfare and Equality) Act, which address the occupational safety and health (OSH) regulations in Anguilla is currently under review and it should be adopted in 2023. The Committee request the Government to continue to provide information on the measures taken to ensure the filling of vacant positions of labour inspectors and compliance manager.It also requests the Government to provide a copy of the Welfare and Equality Act once adopted.

Article 2 of the Convention. Training of labour inspectors. In reply to the Committee’s previous comments, the Government indicates that in 2019 one person attended a training on OSH conducted via the University of West Indies Learning. The Government adds that the Department is currently seeking opportunities where labour inspectors can be trained as a group. The Committee requests the Government to continue to provide information on the training of labour inspectors, including the subjects covered, the frequency of training sessions, the number of inspectors participating, and the results achieved.

Article 4(2)(a). Right of labour inspectors to freely enter workplaces liable to inspection. The Committee notes that, in reply to its previous comments, the Government indicates that Labour Department Act section 10(a) empowers the inspector to enter freely and without previous notice at any reasonable hour of the day or night in any workplace liable to inspection. The Committee takes note of this information, which addresses its previous request.

Application in practice and statistics. The government indicates, in reply to the Committee’s previous comment, that the Labour Department does not produce an annual report. The Government indicates that the Department has been reporting to the Ministry of Home Affairs, Immigration, Labour, Information and Broadcasting and Physical Planning on significant matters at various intervals. The Committee requests the Government to provide statistical information on the application of the Convention in practice (e.g. the number of inspections undertaken, the number of complaints received from workers and employers, the number and nature of violations detected in the course of these inspections, the amount and nature of penalties imposed, etc.).

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 2, below), as well as on the basis of the information at its disposal in 2019.

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to Anguilla. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Legislation, organization of the labour inspection system and resources. The Committee notes with interest the adoption in 2018 of the new Labour Code. It notes that, pursuant to section 5 of the Labour Code, the Commissioner is responsible for the day-to-day administration of the Labour Department and shall ensure the enforcement of the Code. Section 8 of the Labour Code provides that the Governor may designate a public officer as an inspector to assist the Commissioner in the execution of his duties, and that there shall be two categories of inspectors: (a) inspectors who monitor and enforce the provisions of the Labour Code relating to basic terms and conditions of employment, protection of wages, minimum wage, leave and work permits; and (b) inspectors to monitor and enforce the safety, health and welfare provisions of the Labour Code.

The Committee notes the Government’s indication in 2018 that the Labour Department was undergoing internal restructuring because of the departure of four staff and that efforts are being made to re-staff the Department, despite the austerity measures taken following Hurricane Irma. It further notes that the Ministry of Labour is currently reviewing the legislation on occupational safety and health (OSH) and labour administration, which the Government indicates will require recruiting new labour inspectors to assist with the additional work of the Labour Department. The Committee requests the Government to provide further information on the restructuring of the Labour Department, including the number of new labour inspectors and the total number of inspectors, and to provide a copy of a new organizational chart. It also asks the Government to continue to provide information on the review of legislation on OSH and labour administration.

Article 2 of the Convention. Training of labour inspectors. The Committee notes the information provided by the Government that in the past, labour inspectors attended training programmes on labour inspection and OSH delivered by the ILO Decent Work Technical Support Team (DWT) and Office for the Caribbean, which contributed to ensuring that inspectors were equipped with the necessary knowledge and training to carry out labour inspections. The Committee notes the Government’s indication in its supplementary report that, with the advent of the COVID-19 pandemic, the Government has scaled back on all training initiatives. It states that, in light of budgetary constraints, the Department has developed its own training programme for inspectors, with emphasis on knowledge and application of the law. It indicates that further training will be required when the proposed draft legislation on OSH is adopted. The Committee requests the Government to continue to provide information on the training activities planned and provided to train both new and more experienced labour inspectors, including training on OSH as well as those activities delivered through ILO support.

Article 4(2)(a). Right of labour inspectors to freely enter workplaces liable to inspection. The Committee notes that, pursuant to section 10 of the Labour Code, an inspector shall have the power to freely enter without previous notice at any hour of the day or night during the working hours of the business or any workplace liable to inspection. However, the Committee recalls that Article 4(2)(a) does not envisage restricting visits to workplaces liable to inspection only to working hours. The Committee therefore requests the Government to provide information on the measures taken to ensure that labour inspectors are empowered to freely enter and without previous notice at any hour of the day or night any workplace liable to inspection, even outside of working hours.

Application in practice and statistics. The Committee notes that, after Hurricane Irma, many businesses have either been closed or are not fully operational, and this resulted in a reduction in the number of inspections performed from 2017 to 2018. It also notes that, pursuant to section 5(h) of the Labour Code, the Commissioner is responsible for collecting data and statistics, including in relation to: (i) complaints received and settled; (ii) inspections completed; (iii) violations of the Code; (iv) accidents and injuries; and (v) occupational diseases. Section 5(k) further requires the Commissioner to prepare and furnish the Minister with the annual report of the work of the Labour Department. However, the Committee notes the Government’s indication that statistical data on the number of inspections is not currently available. The Committee requests the Government to provide a copy of the annual report of the work of the Labour Department.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to Anguilla. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Legislation, organization of the labour inspection system and resources. The Committee notes with interest the adoption in 2018 of the new Labour Code. It notes that, pursuant to section 5 of the Labour Code, the Commissioner is responsible for the day-to-day administration of the Labour Department and shall ensure the enforcement of the Code. Section 8 of the Labour Code provides that the Governor may designate a public officer as an inspector to assist the Commissioner in the execution of his duties, and that there shall be two categories of inspectors: (a) inspectors who monitor and enforce the provisions of the Labour Code relating to basic terms and conditions of employment, protection of wages, minimum wage, leave and work permits; and (b) inspectors to monitor and enforce the safety, health and welfare provisions of the Labour Code.

The Committee notes the Government’s indication in 2018 that the Labour Department was undergoing internal restructuring because of the departure of four staff and that efforts are being made to re-staff the Department, despite the austerity measures taken following Hurricane Irma. It further notes that the Ministry of Labour is currently reviewing the legislation on occupational safety and health (OSH) and labour administration, which the Government indicates will require recruiting new labour inspectors to assist with the additional work of the Labour Department. The Committee requests the Government to provide further information on the restructuring of the Labour Department, including the number of new labour inspectors and the total number of inspectors, and to provide a copy of a new organizational chart. It also asks the Government to continue to provide information on the review of legislation on OSH and labour administration.

Article 2 of the Convention. Training of labour inspectors. The Committee notes the information provided by the Government that in the past, labour inspectors attended training programmes on labour inspection and OSH delivered by the ILO Decent Work Technical Support Team (DWT) and Office for the Caribbean, which contributed to ensuring that inspectors were equipped with necessary knowledge and training to carry out labour inspections. The Government indicates that, in response to a need for further training for labour inspectors following the adoption of the new Labour Code, it is currently seeking to identify possible training initiatives. The Committee requests the Government to continue to provide information on the training activities planned and provided to train both new and more experienced labour inspectors, including those activities delivered through ILO support.

Article 4(2)(a). Right of labour inspectors to freely enter workplaces liable to inspection. The Committee notes that, pursuant to section 10 of the Labour Code, an inspector shall have the power to freely enter without previous notice at any hour of the day or night during the working hours of the business or any workplace liable to inspection. However, the Committee recalls that Article 4(2)(a) does not envisage restricting visits to workplaces liable to inspection only to working hours. The Committee therefore requests the Government to provide information on the measures taken to ensure that labour inspectors are empowered to freely enter and without previous notice at any hour of the day or night any workplace liable to inspection, even outside of working hours.

Application in practice and statistics. The Committee notes that, after Hurricane Irma, many businesses have either been closed or are not fully operational, and this resulted in a reduction in the number of inspections performed from 2017 to 2018. It also notes that, pursuant to section 5(h) of the Labour Code, the Commissioner is responsible for collecting data and statistics, including in relation to: (i) complaints received and settled; (ii) inspections completed; (iii) violations of the Code; (iv) accidents and injuries; and (v) occupational diseases. Section 5(k) further requires the Commissioner to prepare and furnish the Minister with the annual report of the work of the Labour Department. However, the Committee notes the Government’s indication that statistical data on the number of inspections is not currently available. The Committee requests the Government to provide a copy of the annual report of the work of the Labour Department.

The Committee notes with deep concern that the Government’s report once again does not provide a reply in relation to the Committee’s requests. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the indication by the Government that the United Kingdom no longer provides grant-in-aid to the Government of Anguilla in an effort to ensure greater economic and political autonomy to the territory. It also notes that the territory has no responsibility for its economic development, social progress and employment policies. The Committee requests the Government to provide a copy of the legal provisions relating to the status of the territory and its impact on the application of the Convention.

The Committee observes that for more than 20 years, no new information had been received at the ILO concerning measures undertaken in order to give effect in law and in practice to the Convention, and that the only information contained in the report is that labour inspectors attend all training programmes in labour inspection and occupational health and safety organized by the ILO subregional office. The Committee hopes that the Government will communicate in its next report as detailed information as possible on the application of each of the provisions of the Convention as well as a copy of relevant legal texts and available statistics on the labour inspection activities performed during the period covered by the report.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition
The Committee notes the indication by the Government that the United Kingdom no longer provides grant-in-aid to the Government of Anguilla in an effort to ensure greater economic and political autonomy to the territory. It also notes that the territory has no responsibility for its economic development, social progress and employment policies. The Committee requests the Government to provide a copy of the legal provisions relating to the status of the territory as described in the report and its impact on the application of the Convention, and give, in particular, details on the arrangements made between the Government of the United Kingdom and the Government of Anguilla regarding the allocation to the labour inspectorate, the human resources and financial and material means necessary for its functioning.
The Committee observes that for more than 15 years, no new information had been received at the ILO concerning measures undertaken in order to give effect in law and in practice to the Convention, and that the only information contained in the report is that labour inspectors attend all training programmes in labour inspection and occupational health and safety organized by the ILO subregional office. The Committee hopes that the Government will communicate in its next report, as detailed information as possible on the application of each of the provisions of the Convention as well as copy of relevant legal texts and available statistics on the labour inspection activities performed during the period covered by the report.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) - Anguilla

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